Federal Court to hear NRD’s appeal on ‘bin Abdullah’ case

KUALA LUMPUR: A seven-judge panel of the Federal Court will hear in October the appeal of the National Registration Department ( NRD) to determine whether a Muslim child conceived out of wedlock can use his father’s name instead of “bin Abdullah”.

Counsel Nizam Bashir, who acted for a Muslim couple involved in the case, said the court fixed Oct 18 for the de novo hearing or fresh hearing of the appeal of the high profile case.

Nizam said it would be reheard before a seven-man panel of judges as it was a public interest matter.

The case was fixed for case management before Federal Court’s deputy registrar Syahrin Jeli Bohari yesterday.

On Feb 7 this year, the Federal Court reserved its judgment in the appeal by the NRD to determine whether a Muslim child conceived out of wedlock can use his father’s name instead of “bin Abdullah”.

Former chief justice Tun Md Raus Sharif, who chaired a five-man panel of judges, said they would deliver a decision on a date to be fixed.

Justice Md Raus said this after hearing submissions from parties in the appeal by the NRD, its director-general and the Government against the Court of Appeal’s ruling allowing a Muslim child conceived out of wedlock to carry the father’s name.

On Sept 8 last year, Justice Md Raus allowed leave to appeal to the NRD, its director-general and the Government.

This followed the Court of Appeal’s decision on May 25 last year that the NRD director-general was not bound by a fatwa (religious edict) issued by the National Fatwa Committee to decide on the surname of a Muslim child conceived out of wedlock. The other judges were Justices Abdul Rahman Sebli and Zaleha Yusof.

In the judgment, Justice Abdul Rahman said the director-general’s jurisdiction was a civil one and was confined to determining whether the child’s parents had fulfilled the requirements under the Births and Deaths Registration Act 1957, which covers all illegitimate Muslim or